Anyone may be a victim of sexual assault or sexual abuse regardless of their age or sex. Contrary to popular belief, victims and perpetrators come from all socio-economic backgrounds, ages and races.

Most perpetrators know or are friends of their victims, and 33 percent of all rapes occur on dates. Statistics show more than one third of all rapes take place in the victim’s home.

Sexual violence occurs not as a response to sexual desire, but when an attacker perceives the age, situation, time or attitudes of his victim make her/him vulnerable to attack. Sixty to seventy-five percent of all sexual violence is planned in advance.

The law divides sexual violence into two categories, sexual penetration, or criminal sexual assault, and sexual conduct involving unwanted touching or fondling.

Criminal sexual assault also includes (1) the use of force or threat of force, (2) the accused knew the victim was unable to understand the nature of the act or was unable to give knowing consent, or (3) where the victim was under 17 years of age and a family member of the accused.

Criminal sexual assault is a Class I felony punishable from between four and 15 years imprisonment.

Aggravated criminal assault is criminal sexual assault involving one or more aggravating circumstances including use of a dangerous weapon causing bodily harm, or where the victim was over 60 years or under 13 years of age or was physically handicapped. This is a Class X Felony with a six to 30 year mandatory prison sentence.

Criminal sexual abuse is an act of sexual conduct committed by force or the use of force or when the victim was unable to understand the nature of the act or unable to give effective consent.

Sexual conduct means any intentional or knowing touching or fondling of the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age for the purposes of sexual gratification or arousal for the victim or the accused.

This is a Class A misdemeanor (up to one year in jail) and becomes aggravated if the accused used a dangerous weapon or caused great bodily harm (Class 2 felony—three to seven years in jail).

A person accused of sexual violence can raise the defense of consent to any charge requiring proof of force or threat of force by presenting evidence that agreement was freely given to the sexual act in question.

Lack of resistance or submission by the victim resulting from the use of forced or threat of force by the accused does not constitute consent. If the victim knows the offender, the law does not presume consent.

All rape victims should get medical attention, whether they are going to report it to the police or not. The Illinois Rape Victims Emergency Treatment Act provides that a hospital must treat you even if you do not have public or private medical insurance. Hospital personnel cannot release information to the police without the victim’s consent.

It is the hospital’s responsibility to apply for reimbursement from the Illinois Department of Health. Primary medical concerns are physical injuries, venereal disease and pregnancy.

esist the temptation to bathe, douche or change clothes before the exam—this destroys evidence. Preventative pregnancy medication is only effective if given within 24 hours of the assault and certain physical evidence can only be obtained within 72 hours of the attack.

Sexual assault victims endure pain, humiliation, guilt and grief. Talking to a counselor can help you obtain a perspective on the situation. Any confidences shared with a counselor cannot be revealed without your permission. If you have been raped or want more information on rape prevention, call:

Sexual Assault and Abuse center—758-6655; S.A.R.T.: Medical, NIU Health Services—3-1311; Counseling, Counseling and Student Development—3-1206; University Judicial—3-1571; University Police—3-1212.

Don Henderson

Lynn Richards

Students’ Legal Service